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The attack on the USS Cole in Yemen in 2000 killed 17 US sailors. A US judge has dismissed charges against a suspect held at Guantánamo Bay who is accused of plotting the attack. The charges could be reinstated at a later date.

The move avoided a showdown between the U.S. military and President Barack Obama. It cancelled a hearing that had been set for Monday in the Guantánamo war crimes court, despite the fact Obama had ordered a freeze in proceedings there.

Nashiri is accused of plotting the attack on the Cole that killed 17 U.S. sailors in the Yemeni port of Aden in 2000.

The BBC writes that the attack in 2000 occurred when two militants blew up a small boat loaded with explosives next to the anchored Cole. The attack killed 17 US sailors. Mr. Nashiri was arrested in the United Arab Emirates in 2002 on charges of conspiring with the militants, and was later transferred to Guantánamo.

The tactic was also used by the Bush administration when it wanted to stop various proceedings at Guantánamo. The Pentagon under Bush dismissed without prejudice charges in six cases and reinstated them later in three of those cases.

If the case had proceeded against Nashiri, a Saudi facing capital charges, a guilty plea could have boxed in the administration. The legal principle of double jeopardy would apply, and it would have been very difficult to move his case to another court, according to defense attorneys.

Ahead of today's meeting, a White House statement said Obama wanted to "talk with these families about resolving the issues involved with closing Guantánamo Bay – while keeping the safety and security of the American people as his top priority."

Among those due to meet the president is the former commander of the Cole, retired navy commander Kirk Lippold, who has been critical of the decision to close Guantánamo.

"I'm going to listen," he said. "The families have already been through enough. Don't put the families through even more of this agony."

The retired New York fire chief Jim Riches, whose son was killed at the World Trade Centre, is another of those invited. "My concern is these guys killed my son and I'd like to see justice served on them," he said yesterday. "I'd like to see Guantánamo stay open but my main concern is that we get the justice we deserve."